Case summaries
ECtHR - Jabari v. Turkey, Application no. 40035/98, 11 July 2000
Country of applicant:
Iran
Keywords:
Effective remedy (right to), Inhuman or degrading treatment or punishment, Right to remain pending a decision (Suspensive effect), Membership of a particular social group, Gender Based Persecution
The proposed deportation of the applicant to Iran would violate Article 3 ECHR, and as she was prevented from having the merits of her claim examined due to non-compliance with procedural time limits, there was a breach of Article 13 ECHR. This was because she had no chance to challenge the decision on appeal, or access to a remedy with suspensive effect.
Date of decision:
11-07-2000